Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-06-12
INFoR NATION
....FoR....
OWNERS AND LOCAT0Rs
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MI ES
APPLICATION For pArrur

n 0RCOLlC q " NJ
VIZ record, and can neither be Withdrawn ~
returned, but must be transmitted to tha ~ nor
eral Land Once. 'ne Gen
An application will be rejected when the
sufficient. or
Application for patent will be rejected b..
First The notice was published withoutth.
knowledge OF the Register.
Second-The notice was mot nnh,,shos
claim.
Third-Record title was found de,ao,,,.
and uoiecnVe,
Fourth--A previous application had h..
made for the same premises. which az ueeu
drawn pending Q suit in Court Commenced =.
the adverse claimant. w
An application for patent will be reiao..,
when the survey does not accurateIv dasro"oeu
boundaries OF the claim.
Where the claim was not located in scoo,s
ance with law. 0o'a'
Where several parties own separate and A.,
tinct portions Oh . claim, application fm
patent may be made by either for that nortioa
OF the claim owned by him; but where soxs.a
parties own undivided interests in : ,nindna
claim all should join in an application sors
patent.
A person or association may purchase AZ
many placer locations as the local Law admits
and embrace them all In one application To-.
patent.
Two or more lodes cannot be embraced :,
one application for q patent except for nlscs.
| claims embracing two or more lodas ,risLS-
| their boundaries
Papers sworn TO before any person purno,,.
ing to act as q deputy for the Register ana Rs.
ceiver cannot be recorded as evidence.
In ell patents for mining claims situsted
within the interior boundaries Of ! town 81
u clause is inserted excepting ana exclndins
sll town property, rights upon the surfscs
and all houses, buildings, structnrsa iots'
blocks, streets, alleys or other municipal I'M
provements not belonging to the grantee here.
In, and all rights necessary or proper To tha
occupation, possession and enjoyment OF ths
same"
Publication Of notice must be made n on,.
one newspaper for the period Of 60 dsvs
Notice must be published 10 consecutive
weeks In weekly newspaper. and Ia daily
newspapers 60 days must elspss between ne
first and last insertions.
Where the Register designates thed
Of q newspaper fer publication OF notices of a
mining application for patent IL 10 not a com.
pliance with law to change to the weekly edi.
uon OF the same paper without authority Of
the Register.
The existence OF q salt spring on . tract of
land withdrsws 1t from the operation Of the
Homestead and presumption laws, A hearing
for the purpose Of proving the agricultural
character of such land is not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file Q separate and
distinct claim against each application which
1t is alleged conflicts with the premises owned
by such adverse Claimant.
The papers In an adverse claim, once hled,
cannot be Withdrawn, but becomes q part Of the
record.
When an adverse claim has been fled 1t can.
not be amended so as 10 embrace a larger per.
ton OF the premises than that described In the
original adverse claim.
An adverse claim must be made out In
proper form and filed In the proper local Office
during the period Of publication Of the spplt.
cation for the patent to be effective.
1t Is the duty OF the adverse claimant 0
commence suit in proper form within the n
quired time, and II he trusts the uncertain
medium Of the United States mail he nal
abide the consequences, should the dag
ensue, through misfortune or accident. Sh0aa
the failure to commence suit be the resglsd
the cor fupt or dishonest action OF his ~stterne!,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de-
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody.
ing conclusions OF law, without stating the
facts specially. will not he considered Ia ev-
dence.
An adverse claimant should show 8 complt.
ance with the local laws In recording his claim
and In regard to expenditures. and shall nile :
cop Of the original notice of his location, and
show the nature or extent of the oonniet
alleged.
An allegation of parties to q suit that they
compose the company is sufficient, and they
are not required to prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL Oh rsERA LANDS.
Where land is Of little, If any value, for Agri.
| cultural purposes, but IL essential to the
proper development Of mining claims, II
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
| deposits have been included In an agricultural
entry, said entry will be cancelled 81 any time
| prior to issuance of patent, upon satisfactory
| evidence of the existence OF such valasble Dc.
posts.
where valuable deposits of mineral are dis
| covered upon q tract sitter the same ias been
en- tered as agricultural. but before ! stent has
| been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be Cancelled 70
that portion Of the land embraced by said
| mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
foreigner may make q mining location
dispose OF 1t. provided he becomes q citizen
L O6fOre 0fBpOtluB Vi the miuc. IEOOi WI" -
party was not Q citizen before disposing OF MS
claim must be sfirmstively shown.
Locators and Intermediate owners, otno'
than applicants, will not be presumed Aliens.
in the absence Of allegation or objection prioi
to issuance of patent.
The portion of q mining claim sold y y
alien cannot be patented while suoh owner.
an alien; but on his declarationi o become
citizen his right dates back TO his pnrSnass
aud he may thereupon secure United
patent for his claim.
GROSS LEpaEs.
Revised Statutes. Section 1855: ,u..saet
Where two or more lodges cross or inv and
each other, priority OF title shall govern, ore
such prior location shall be entitled 70 t,ter.
or mineral contsined within the space o. have
section. but the subsequent location sns ~ ,ntsr.
the right Of way through the space :. anient
section for the purpose OF the : = more
working Of the mine. And where twooa hall
veins unite the oldest or prior locauon IN.
take the vein below the point OF uhi0
GLIDING all the space of intersection
TUNNELS.
There Is no authority of law Tor n..ion
location 5000 by !, 800 feet. A proper o0
is the width of the tunnel for JUN ioe,. tInr
There Is no provision OF Jaw Ior pa IN run.
tunnel locations, but lodes discovers snner
ming a tunnel may be patented In nko
as other lodes. -.orat 10